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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I am emailing you on behalf on my husband Anthony Dawnay he

Customer Question

I am emailing you on behalf on my husband Anthony Dawnay he has asked me to make contact with you as at the minute he is working away. On Friday the 17th of April he received a summons to court on the 4th of June for a drink driving charge.
At the time when he was stopped he was taken to Blanchardstown garda station but was released without charge and was told that he would receive a fixed penalty and a six month ban in the post. As he did not have his full licence on him at the time he was asked to produce at Blanchardstown Garda station which he did on two separate occasions.
He is looking for clarification as to why this is being brought to court. If you could get back to us your help would be much appreciated.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. At the outset, the fixed penalty procedure is not used for drink driving. It would have to be a minor offence, such as speeding for the matter to be dealt with by way of fixed penalty. Drink driving has a mandatory two year driving ban and always involves a trip to the District Court after a Summons has been served. Drink driving is not dealt with by way of a fixed penalty driving ban. So your husband will have to attend court on 4th June and deal with the matter then. I am not sure what was the source of his information, but it is not correct. He can employ a solicitor but whilst this might lead to a reduction in any fine, it will not avoid the mandatory two year driving ban. Be aware that evidence of the amount he was over the maximum alcohol level will be given in court and it is on this basis that his fine will be determined. A heavier fine will result the greater he was over the allowed alcohol level.

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